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119th Congress Crime and Law Enforcement

H.R. 21: Born-Alive Abortion Survivors Protection Act

Passed HouseJan 23, 2025

  1. Introduced (completed)Jan 3, 2025
  2. Passed House (completed)Jan 23, 2025, 217–204
  3. Passed Senate (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Introduced in House, Jan 3, 2025

This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion.

Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement.

A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both.

Read the full summary

An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder.

The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.

Written by the Congressional Research Service, Library of Congress.

Key votes

House final vote, Jan 23, 2025

On Passage

Passed 217–204

Yea 217majority 211Nay 204

  • Democrats1 yea, 204 nay
  • Republicans215 yea, 0 nay
  • Independents1 yea, 0 nay

Broke with their party: Henry Cuellar (D-TX) voted Yea

See how all 422 members voted

Showing 433 of 433 members

Yea 217

Republicans (215)

Democrats (1) broke with their party

Independents (1)

Nay 204

Democrats (204)

Present 1

Democrats (1)

Not voting 11

Republicans (2)

Senate

Not yet voted

Passed the House Jan 23, 2025. Awaiting Senate action.

Roll calls

2 votes on this bill

Showing 2 of 2 roll calls

  • Jan 23, 2025HouseOn PassageFinal passagePassed, yea-nay 217–204
    Roll call 27 tally by party
    PartyYeaNayPresentNot voting
    Democrats120419
    Republicans215002
    Independents1000
    Total217204111

    House roll call 27: On Passage. Passed.

    1 crossed party lines: 1 Democrat

    How each member voted (433)
  • Jan 23, 2025HouseMotion to recommitFailed, yea-nay 205–216
    Roll call 26 tally by party
    PartyYeaNayPresentNot voting
    Democrats2050010
    Republicans021502
    Independents0100
    Total205216012

    House roll call 26: On Motion to Recommit. Failed.

    How each member voted (433)

Amendments

0 offered

No amendments were offered to this bill.

Cosponsors

163

Who scored on this bill

706 points earned
  1. 1Ann Wagner R-MO SponsorIntroduced, reached a cosponsor milestone, passed House5 events+48
  2. 2Henry Cuellar D-TX1 maverick vote1 event+6
  3. 3Robert Aderholt R-ALCosponsored; cosponsored bill passed2 events+4
  4. 3Rick Allen R-GACosponsored; cosponsored bill passed2 events+4
  5. 3Mark Amodei R-NVCosponsored; cosponsored bill passed2 events+4
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by Ann Wagner

History

  1. Jan 23, 2025Passed the House, 217–204.
  2. Jan 3, 2025Introduced in the House by Ann Wagner.
Show the full action history (14 actions)
  1. Jan 24, 2025Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  2. Jan 23, 2025Considered under the provisions of rule H. Res. 5. (consideration: CR H335-345)
  3. Jan 23, 2025DEBATE - The House proceeded with one hour of debate on H.R. 21.
  4. Jan 23, 2025The previous question was ordered pursuant to the rule.
  5. Jan 23, 2025Ms. Chu moved to recommit to the Committee on the Judiciary. (text: CR H344-345)
  6. Jan 23, 2025The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
  7. Jan 23, 2025POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 21, the Chair put the question on the motion to recommit and by voice vote, announced that the noes had prevailed. Ms. Chu demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
  8. Jan 23, 2025Considered as unfinished business. (consideration: CR H347-348)
  9. Jan 23, 2025On motion to recommit Failed by the Yeas and Nays: 205 - 216 (Roll no. 26).
  10. Jan 23, 2025Passed/agreed to in House: On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)
  11. Jan 23, 2025On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)
  12. Jan 23, 2025Motion to reconsider laid on the table Agreed to without objection.
  13. Jan 3, 2025Introduced in House
  14. Jan 3, 2025Referred to the House Committee on the Judiciary.